- The exclusions under 105 (2) should be re-examined with a view to deciding whether the Process industry should be deleted from the exceptions.
- Consideration should given as to whether professional negligence cases should be added to the exceptions.
- Is it appropriate that residential occupiers should be excluded from the benefits of the Act.
- The definition of 'evidenced in writing' should be examined in light of recent Court of Appeal judgements, which appear to be too restrictive.
- Should disputes arising 'under the contract' come within the adjudicator's jurisdiction?
- Should adjudicators be given power to rule on their own jurisdiction?
- Should parties be prohibited from agreeing in their contract how the adjudicator's fees are to be paid in any event?
- Should the adjudicator be permitted to award parties' costs?
- Should parties be prohibited from agreeing in their contract how parties are to be paid?
- Should the parties indemnify the adjudicator against actions by third parties?
- Should a provision giving the adjudicator a lien on the Decision similar to s56 of the Arbitration Act 1996 be included in the Act?
- Should the courts be required to enforce the decision in any event, if not for what reasons?
- Whether any sum applied for by way of instalment payment should become the sum due in the absence of an effective withholding notice.
- Are the words 'sum due' the correct test in s111(1) for when a withholding notice is necessary.
- Should pay-when-certified clauses be prohibited?